Notice2025-06506

Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rules 3120 (Position Limits), 5020 (Criteria for Underlying Securities), and 5055 (FLEX Equity Options) to List and Trade Options on the iShares Ethereum Trust

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
April 17, 2025

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 90 Issue 73 (Thursday, April 17, 2025)</title>
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[Federal Register Volume 90, Number 73 (Thursday, April 17, 2025)]
[Notices]
[Pages 16298-16305]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06506]


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SECURITIES AND EXCHANGE COMMISSION

Release No. 34-102828; File No. SR-BOX-2025-08]


Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Amend Rules 
3120 (Position Limits), 5020 (Criteria for Underlying Securities), and 
5055 (FLEX Equity Options) to List and Trade Options on the iShares 
Ethereum Trust

April 11, 2025.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on April 10, 2025, BOX Exchange LLC (``BOX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the self-regulatory organization. The Commission 
is publishing this notice to solicit comments on the proposed rule from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rules 3120 (Position Limits), 5020 
(Criteria for Underlying Securities), and 5055 (FLEX Equity Options) to 
list and trade options on the iShares Ethereum Trust (the ``Trust''). 
The text of the proposed rule change is available from the principal 
office of the Exchange, at the Commission's Public Reference Room and 
also on the Exchange's internet website at <a href="https://rules.boxexchange.com/rulefilings">https://rules.boxexchange.com/rulefilings</a>.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in Sections A, B, and C below, of the 
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 5020 regarding the criteria for 
underlying securities. Specifically, the Exchange proposes to amend 
Rule 5020(h) to allow BOX to list and trade options on Exchange-Traded 
Funds (``ETFs'') that represent interests in the Trust. This is a 
competitive filing based on a proposal recently submitted by Nasdaq 
ISE, LLC (``ISE'') and approved by the Securities and Exchange 
Commission (the ``Commission'').\3\
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    \3\ See Securities Exchange Act Release No. 102798 (April 9, 
2025) (Order Approving SR-ISE-2024-35, as modified by Amendment No. 
1) (``ISE Approval Order'').
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    Current Rule 5020(h) provides that, subject to certain other 
criteria set forth in that Rule, securities deemed appropriate for 
options trading include Exchange-Traded Fund Shares (``ETFs''), that 
represent certain types of interests and exchange-traded products 
(``ETPs'') structured as trusts that hold precious metals (which are 
deemed commodities), or Bitcoin (which is another crypto currency and 
deemed a commodity). In addition, Rule 5020(h)(1) requires that the 
Exchange-Traded Fund Shares must either (1) meet the criteria and 
guidelines set forth in paragraphs (a) and (b) of Rule 5020,\4\ or (2) 
be available for creation or redemption each business day from or 
through the issuing trust, investment company, commodity pool or other 
entity in cash or in kind at a price related to net asset value, and 
the issuer is obligated to issue Exchange-Traded Fund Shares in a 
specified aggregate number even if some or all of the investment assets 
and/or cash required to be deposited have not been received by the 
issuer, subject to the condition that the person obligated to deposit 
the investment assets has undertaken to deliver them as soon as 
possible and such undertaking is secured by the delivery and 
maintenance of collateral consisting of cash or cash equivalents 
satisfactory to the issuer of the Exchange-Traded Fund Shares, all as 
described in the Exchange-Traded Fund Shares' prospectus.
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    \4\ Rule 5020(h)(1) provides for guidelines to be followed by 
the Exchange when evaluating potential underlying securities for BOX 
option transactions.
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    The Exchange proposes to add the Trust to the list of ETFs on which 
BOX may list options in Rule 5020(h). The Shares are issued by the 
Trust, a Delaware statutory trust. The Trust will operate pursuant to a 
trust agreement (the ``Trust Agreement'') between the Sponsor, 
BlackRock Fund Advisors (the ``Trustee'') as the trustee of the Trust 
and will appoint Wilmington Trust, National Association, as Delaware 
Trustee of the Trust (the ``Delaware Trustee'') by such time that the 
Registration Statement is effective. The Trust issues Shares 
representing fractional undivided beneficial interests in its net 
assets. The assets of the Trust will consist only of ether (``ether'' 
or ``ETH'') held by a custodian on behalf of the Trust, except under 
limited circumstances when transferred through the Trust's prime broker 
temporarily (described below), and cash. Neither the Trust, nor the 
Sponsor, nor the Ether Custodian (as defined below), nor any other 
person associated with the Trust will, directly or indirectly, engage 
in action where any portion of the Trust's ETH becomes subject to the 
Ethereum proof-of-stake validation or is used to earn additional ETH or 
generate income or other earnings. Coinbase Custody Trust Company, LLC 
(the ``Ether Custodian''), is the custodian for the Trust's ether 
holdings, and maintains a custody account for the Trust (``Custody 
Account''); Coinbase, Inc. (the ``Prime Execution Agent''), an 
affiliate of the Ether Custodian, is the prime broker for the Trust and 
maintains a trading account for the Trust (``Trading Account''); and 
The Bank of New York Mellon is the custodian for the Trust's cash 
holdings (the ``Cash Custodian'' and together with the Ether Custodian, 
the ``Custodians'') and the administrator of the Trust (the ``Trust 
Administrator''). Under the Trust Agreement, the Trustee may delegate 
all or a portion of its

[[Page 16299]]

duties to any agent, and has delegated the bulk of the day-to-day 
responsibilities to the Trust Administrator and certain other 
administrative and record-keeping functions to its affiliates and other 
agents. The Trust is not an investment company registered under the 
Investment Company Act of 1940, as amended (the ``1940 Act''). The 
investment objective of the Trust is to reflect generally the 
performance of the price of ether. The Trust seeks to reflect such 
performance before payment of the Trust's expenses and liabilities. The 
Shares are intended to constitute a simple means of making an 
investment similar to an investment in ether through the public 
securities market rather than by acquiring, holding and trading ether 
directly on a peer-to-peer or other basis or via a digital asset 
platform. The Shares have been designed to remove the obstacles 
represented by the complexities and operational burdens involved in a 
direct investment in ether, while at the same time having an intrinsic 
value that reflects, at any given time, the investment exposure to the 
ether owned by the Trust at such time, less the Trust's expenses and 
liabilities. Although the Shares are not the exact equivalent of a 
direct investment in ether, they provide investors with an alternative 
method of achieving investment exposure to ether through the public 
securities market, which may be more familiar to them. An investment in 
the Shares is backed by ether held by the Ether Custodian on behalf of 
the Trust. All of the Trust's ether will be held in the Custody 
Account, other than the Trust's ether which is temporarily maintained 
in the Trading Account under limited circumstances, i.e., in connection 
with creation and redemption Basket \5\ activity or sales of ether 
deducted from the Trust's holdings in payment of Trust expenses or the 
Sponsor's fee (or, in extraordinary circumstances, upon liquidation of 
the Trust). The Custody Account includes all of the Trust's ether held 
at the Ether Custodian, but does not include the Trust's ether 
temporarily maintained at the Prime Execution Agent in the Trading 
Account from time to time. The Ether Custodian will keep all of the 
private keys associated with the Trust's ether held in the Custody 
Account in ``cold storage''.\6\ The hardware, software, systems, and 
procedures of the Ether Custodian may not be available or cost-
effective for many investors to access directly. The Exchange believes 
that offering options on the Trust will benefit investors by providing 
them with an additional, relatively lower cost investing tool to gain 
exposure to spot ether as well as a hedging vehicle to meet their 
investment needs in connection with ether products and positions. 
Similar to other commodity ETFs in which options may be listed on BOX 
(e.g. SPDR[supreg] Gold Trust, the iShares COMEX Gold Trust, the 
iShares Silver Trust, or the abrdn Gold ETF Trust),\7\ the proposed ETF 
is a trust that essentially offers the same objectives and benefits to 
investors. Options on the Trust will trade in the same manner as 
options on other ETFs on BOX. Exchange Rules that currently apply to 
the listing and trading of all options on ETFs on BOX, including, for 
example, Rules that govern listing criteria, expirations, exercise 
prices, minimum increments, position and exercise limits (with the 
proposed changes), margin requirements, customer accounts and trading 
halt procedures, will apply to the listing and trading of options on 
the Trust on BOX. Today, these rules apply to options on the various 
commodities ETFs deemed appropriate for options trading on BOX pursuant 
to Rule 5020(h).
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    \5\ The Trust issues and redeems Shares only in blocks of 40,000 
or integral multiples thereof. A block of 40,000 Shares is called a 
``Basket.'' These transactions take place in exchange for ether.
    \6\ The term ``cold storage'' refers to a safeguarding method by 
which the private keys corresponding to the Trust's ether are 
generated and stored in an offline manner, subject to layers of 
procedures designed to enhance security. Private keys are generated 
by the Ether Custodian in offline computers that are not connected 
to the internet so that they are more resistant to being hacked.
    \7\ See Rule 5020(h).
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    The Exchange's initial listing standards for ETFs on which options 
may be listed and traded on BOX will apply to the Trust. Pursuant to 
Rule 5020(a), a security on which options may be listed and traded on 
BOX must be duly registered (with the Commission) and be an NMS stock 
(as defined in Rule 600 of Regulation NMS under the Securities Exchange 
Act of 1934, as amended (the ``Act'')), and be characterized by a 
substantial number of outstanding shares that are widely held and 
actively traded.\8\ Additionally, Rule 5020(h)(1) requires that ETFs 
must either (1) meet the criteria and standards set forth in Rules 
5020(a) and (b),\9\ or (2) be available for creation or redemption each 
business day from or through the issuing trust, investment company, 
commodity pool or other entity in cash or in kind at a price related to 
net asset value, and the issuer is obligated to issue Exchange-Traded 
Fund Shares in a specified aggregate number even if some or all of the 
investment assets and/or cash required to be deposited have not been 
received by the issuer, subject to the condition that the person 
obligated to deposit the investment assets has undertaken to deliver 
them as soon as possible and such undertaking is secured by the 
delivery and maintenance of collateral consisting of cash or cash 
equivalents satisfactory to the issuer of the Exchange-Traded Fund 
Shares, all as described in the Exchange-Traded Fund Shares' 
prospectus. The Trust satisfies Rule 5020(h)(1), as it is subject to 
this creation and redemption process.
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    \8\ The criteria and guidelines for a security to be considered 
widely held and actively traded are set forth in Rule 5020(b), 
subject to exceptions.
    \9\ Rules 5020(a) and (b) provide guidelines to be followed by 
the Exchange when evaluating potential underlying securities for BOX 
option transactions.
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    Options on the Trust will be subject to the Exchange's continued 
listing standards set forth in Rule 5030(h) for ETFs and ETPs deemed 
appropriate for options trading pursuant to Rule 5020(h). Specifically, 
Rule 5030(h) provides that funds that were initially approved for 
options trading pursuant to Rule 5020(h) shall be deemed not to meet 
the requirements for continued approval, and the Exchange shall not 
open for trading any additional series of option contracts of the class 
covering that fund, if the fund ceases to be an NMS stock or if the 
fund is halted from trading in their primary market. In addition, 
options on funds may be subject to the suspension of opening 
transactions in any of the following circumstances: (1) in the case of 
options covering funds approved for trading under Rule 5020(h)(1)(i), 
in accordance with the terms of subparagraphs (b)(1),(2),(3) and (6) of 
Rule 5030; (2) in the case of options covering funds approved for 
trading under Rule 5020(h)(1)(ii) (as is the case for the Trust), 
following the initial twelve-month period beginning upon the 
commencement of trading in the fund on a national securities exchange 
and are defined as an NMS stock, there are fewer than 50 record and/or 
beneficial holders of such fund for 30 or more consecutive trading 
days; (3) the value of the index or portfolio of securities, non-U.S. 
currency, or portfolio of commodities including commodity futures 
contracts, options on commodity futures contracts, swaps, forward 
contracts and/or options on physical commodities and/or financial 
instruments and money market instruments on which the ETFs are based is 
no longer calculated or available; or (4) such other event shall occur 
or condition exist that in the opinion of the Exchange makes further

[[Page 16300]]

dealing in such options on BOX inadvisable.
    Options on the Trust will be physically settled contracts with 
American-style exercise.\10\ Consistent with current Rule 5050, which 
governs the opening of options series on a specific underlying security 
(including ETFs and ETPs), the Exchange will open at least one 
expiration month for options on the Trust \11\ at the commencement of 
trading on BOX and may also list series of options on the Trust for 
trading on a weekly,\12\ monthly,\13\ or quarterly \14\ basis. The 
Exchange may also list long-term equity option series (``LEAPS'') that 
expire from twelve to one hundred eighty months from the time they are 
listed.\15\
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    \10\ See Rule 5010 (Rights and Obligations of Holders and 
Writers), which provides that the rights and obligations of holders 
and writers of option contracts of any class of options dealt in on 
the Exchange shall be as set forth in the Rules of the Clearing 
Corporation. See also OCC Rules, Chapter VIII, which governs 
exercise and assignment, and Chapter IX, which governs the discharge 
of delivery and payment obligations arising out of the exercise of 
physically settled stock option contracts. OCC Rules can be located 
at: <a href="https://www.theocc.com/getmedia/9d3854cd-b782-450f-bcf7-33169b0576ce/occrules.pdf">https://www.theocc.com/getmedia/9d3854cd-b782-450f-bcf7-33169b0576ce/occrules.pdf</a>.
    \11\ See Rule 5050(b). The standard expirations are subject to 
certain listing criteria for underlying securities described within 
Rule 5020. Standard listings expire the third Friday of the month. 
The term ``expiration date'' (unless separately defined elsewhere in 
the OCC By-Laws), when used in respect of an option contract 
(subject to certain exceptions), means the third Friday of the 
expiration month of such option contract, or if such Friday is a day 
on which the exchange on which such option is listed is not open for 
business, the preceding day on which such exchange is open for 
business. See OCC By-Laws Article I, Section 1. Pursuant to Rule 
5050(c), additional series of options of the same class may be 
opened for trading on the Exchange when the Exchange deems it 
necessary to maintain an orderly market, to meet customer demand or 
when the market price of the underlying stock moves more than five 
strike prices from the initial exercise price or prices. New series 
of options on an individual stock may be added until the beginning 
of the month in which the options contract will expire. Due to 
unusual market conditions, the Exchange, in its discretion, may add 
a new series of options on an individual stock until the close of 
trading on the business day prior to expiration.
    \12\ See IM-5050-6.
    \13\ See IM-5050-13.
    \14\ See IM-5050-4.
    \15\ See Rule 5070.
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    Pursuant to IM-5050-1(b), which governs strike prices of series of 
options on ETFs, the interval of strikes prices for series of options 
on the Ether Funds will be $1 or greater when the strike price is $200 
or less and $5 or greater where the strike price is over $200.\16\ 
Additionally, the Exchange may list series of options pursuant to the 
$1 Strike Price Interval Program,\17\ the $0.50 Strike Program,\18\ the 
$2.50 Strike Price Program,\19\ and the $5 Strike Program.\20\ Pursuant 
to Rule 7050, where the price of a series of a Trust option is less 
than $3.00, the minimum increment will be $0.05, and where the price is 
$3.00 or higher, the minimum increment will be $0.10.\21\Any and all 
new series of Trust options that the Exchange lists will be consistent 
and comply with the expirations, strike prices, and minimum increments 
set forth in Rules 5050 and 7050, as applicable.
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    \16\ The Exchange notes that for options listed pursuant to the 
Short Term Option Series Program, the Monthly Options Series 
Program, and the Quarterly Options Series Program, IM-5050-6, IM-
5050-13, and IM-5050-4, specifically set forth intervals between 
strike prices on Quarterly Options Series, Short Term Option Series, 
and Monthly Options Series, respectively.
    \17\ See IM-5050-2.
    \18\ See IM-5050-5.
    \19\ See IM-5050-3.
    \20\ See Rule 5050(d)(5).
    \21\ If options on the Ether Funds are eligible to participate 
in the Penny Interval Program, the minimum increment of $0.01 below 
$3.00 and $0.05 above $3.00 would apply. See Rule 7050(a)(3). See 
also Rule 7260 (which describes the requirements for the Penny 
Interval Program).
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    Trust options will trade in the same manner as any other ETF 
options on BOX. The Exchange Rules that currently apply to the listing 
and trading of all ETF options on BOX, including, for example, Rules 
that govern listing criteria, expirations, exercise prices, minimum 
increments, margin requirements, customer accounts, and trading halt 
procedures will apply to the listing and trading of Trust options on 
BOX in the same manner as they apply to other options on all other ETFs 
that are listed and traded on BOX, including the precious-metal and 
Bitcoin-backed commodity ETFs already deemed appropriate for options 
trading on BOX pursuant to current Rule 5020(h).
    Rule 5055 currently permits the Exchange to authorize for trading a 
FLEX Equity Option class on any equity security if it may authorize for 
trading a Non-FLEX Equity Option class on that equity security pursuant 
to Rule 5020. The proposed rule change amends Rule 5055 to exclude the 
Trust from this provision.
    The Exchange also proposes to amend Rule 3120. Specifically, the 
Exchange proposes to amend IM-3120-2 to provide a position limit of 
25,000 same side option contracts for Trust options. Additionally, 
pursuant to Rule 3140, the exercise limits for options on the Trust 
will be equivalent to this proposed position limit.\22\ In considering 
the appropriate position and exercise limits for the Trust options, the 
Exchange reviewed the data in the ISE Approval Order. In the ISE 
Approval Order, ISE considered the Trust's market capitalization and 
average daily volume (``ADV'') against those of other underlying 
securities, as well as the proposed position and exercise limit in 
relation to other options. In measuring the Trust against other 
securities, ISE aggregated market capitalization and volume data for 
securities that have defined position limits utilizing data from The 
Options Clearing Corporations (``OCC'').\23\ ISE also considered the 
trading volume for the Trust in terms of daily and notional volumes 
during the period of time the Trust has been trading from July 23, 2024 
through December 14, 2024. The average daily volume for this time 
period is 5,302,533 shares and the average notional volume for this 
time period is $127,825,276.00. The Trust had 93,352 shareholders.\24\ 
ISE indicated both the average daily volume and the average notional 
volume experienced an uptick at launch (which can be typical for 
anticipated product launches) then levelled off for several months. 
Renewed growth in the cryptocurrency market caused increased growth 
beginning in early November 2024. ISE reviewed the market 
capitalization and ADV of 3,930 options on single stock securities 
excluding ETFs.\25\ Next, ISE aggregated this data based on market 
capitalization and ADV and grouped option symbols by position limit 
utilizing statistical thresholds for ADV and market capitalization for 
each position limit category (i.e. 25,000, 50,000 to 65,000, 75,000, 
100,000 to less than 250,000, 250,000 to less than 500,000, 500,000 to 
1,000,000 and greater than 1,000,000). Rule 3120 sets out position 
limits for various contracts. For example, like ISE, a 25,000 contract 
limit applies to those options having an underlying security that does 
not meet the requirements for a higher options contract limit. ISE 
indicated it performed this exercise to demonstrate the Trust's 
position limit relative to other options symbols in terms of market 
capitalization and ADV. For reference the market capitalization for the 
Trust was 1.16 billion \26\ with an ADV, for the preceding three months 
prior to October 22, 2024, of greater than 2.99 million shares. By 
comparison, other options symbols with similar

[[Page 16301]]

market capitalization and ADV have a position limit of 50,000 contracts 
or 75,000 contracts.\27\ From a 90-day ADV perspective, ISE reviewed 
statistics that indicated that the Trust had a 90-day ADV greater than 
each of the stocks in the 100,000 contracts to 249,000 contracts range. 
Therefore, the proposed 25,000 same side position and exercise limits 
for options on the Trust are conservative. Second, ISE reviewed the 
Trust's data relative to the market capitalization of the entire ether 
market in terms of exercise risk and availability of deliverables. 
Utilizing data as of October 22, 2024, there were 120,392,960 Ethereum 
in circulation. The price of Ethereum on October 22, 2024, was $2,620 
per coin which equates to a market capitalization of greater than $315 
billion US dollars. If a position limit of 25,000 options were 
considered (the position limit that would be typically assigned based 
upon data), the exercisable risk would represent less than 4.35237% of 
the outstanding shares of the Trust.\28\ Since the Trust has a creation 
and redemption process managed through the issuer, the position limit 
sought can also be compared to the total market capitalization of the 
entire Ethereum market. In this case, the exercisable risk represented 
by 25,000 options on the Trust would be less than 0.03% of the market 
capitalization of all outstanding ether. Assuming a scenario where all 
25,000 options on ether shares were exercised given the proposed 25,000 
per same side position limit, this would have a virtually unnoticed 
impact on the entire ether market. This analysis demonstrates that the 
proposed 25,000 per same side position limit (and exercise limit) is 
conservative and appropriate for options on the Trust. Third, ISE 
reviewed the proposed position limit by comparing it to position limits 
for derivative products regulated by the Commodity Futures Trading 
Commission (``CFTC''). While the CFTC, through the relevant Designated 
Contract Markets, only regulates options positions based upon delta 
equivalents (creating a less stringent standard), ISE examined 
equivalent ether futures position limits. In particular, ISE looked at 
the CME Ethereum futures contract \29\ that has a position limit of 
8,000 futures.\30\ On October 22, 2024, CME ether futures settled at 
$2,629. Using a contract multiplier of $50, a position limit of 8,000 
futures would have a notional value $1.0516 billion (8,000 x $50 x 
$2,629). Using an October 22, 2024, share price of $19.91 for shares of 
the Trust, a futures position of 8,000 contracts, with a notional value 
of $1.0516 billion dollars would equate to an options position of 
528,176 contracts ($1.0516 billion (notional value of 8,000 Ethereum 
futures contracts)/$19.91 (price of the Trust shares) = 52,817,679 
(Trust shares)/100 (the number of shares represented by one options 
contract)) = 528,176 options contracts. Because substantial sums of any 
distributed options portfolio are likely to be out of the money on 
expiration, an options position limit equivalent to the CME position 
limit for Ethereum (considering that all options deltas are <=1.00) 
should be a bit higher than the CME implied 528,176 contract limit. The 
Exchange notes, unlike options contracts, CME position limits are 
calculated on a net futures-equivalent basis by contract and include 
contracts that aggregate into one or more base contracts according to 
an aggregation ratio(s).\31\ Therefore, if a portfolio includes 
positions in options on futures, CME would aggregate those positions 
into the underlying futures contracts in accordance with a table 
published by CME on a delta equivalent value for the relevant spot 
month, subsequent spot month, single month and all month position 
limits.\32\ If a position exceeds position limits because of an option 
assignment, CME permits market participants to liquidate the excess 
position within one business day without being considered in violation 
of its rules. Additionally, if at the close of trading, a position that 
includes options exceeds position limits for futures contracts, when 
evaluated using the delta factors as of that day's close of trading but 
does not exceed the limits when evaluated using the previous day's 
delta factors, then the position shall not constitute a position limit 
violation. Considering CME's position limits on futures for Ethereum, 
the Exchange believes that that the proposed same side position limits 
are more than appropriate for the Trust options.
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    \22\ See Rule 3140(c).
    \23\ ISE represented these computations were based on OCC data 
from October 22, 2024, and that data displaying zero values in 
market capitalization or ADV were removed.
    \24\ ISE represented it obtained this number from Broadridge 
Financial Solutions, Inc. on December 19, 2024.
    \25\ The Trust has one asset and therefore is not comparable to 
a broad based ETF where there are typically multiple components.
    \26\ ISE acquired this figure as of October 22, 2024. See 
<a href="https://www.ishares.com/us/products/337614/ishares-ethereum-trust-etf">https://www.ishares.com/us/products/337614/ishares-ethereum-trust-etf</a>. The global supply of ether grows each day ether are minted.
    \27\ ISE determined the median market capitalization for 50,000 
contracts was 788,000,000 million and the median market 
capitalization for 75,000 contracts was 1,037,000 billion. Further, 
placing the Trust at 50,000 contracts would rank it in the 59th 
percentile in market capitalization and placing the Trust at 75,000 
contracts would rank it in the 46th percentile in market 
capitalization.
    \28\ The 4.4% was calculated as follows: 2,500,000 (exercisable 
stock from position limit)/57,440,000 (shares outstanding on October 
22, 2024) = 4.35237%.
    \29\ CME Ether Futures are described in Chapter 350 of CME's 
Rulebook.
    \30\ See CME Rulebook, Chapter 5, Position Limit, Position 
Accountability and Reportable Level Table in the Interpretations & 
Special Notices.
    \31\ See CME Rulebook Chapter 5, Position Limit, Position 
Accountability and Reportable Level Table in the Interpretations & 
Special Notices.
    \32\ Id.
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    In analyzing the proposed position limit for options on the Trust, 
ISE also considered the supply of ether. Specifically, ISE examined the 
number of market participants with a position limit of 25,000 contracts 
that would need to exercise in unison to put the underlying asset under 
stress. In the case of options on ether, the proposed 25,000 same side 
position and exercise limit effectively restricts a market participant 
from holding positions that could be exercised in excess of 2,500,000 
shares of the Trust. Utilizing data from October 22, 2024, the Trust 
had 57,440,000 shares outstanding, therefore 22.976 participants would 
have to simultaneously exercise their position limits in order to 
create a scenario that may put the underlying asset (shares of the 
Trust) under stress. ISE noted that historically, from observation 
only, it appears that no more than five market participants holding 
options positions in any single security have exercised in unison in 
any option. As unlikely an occurrence as all market participants 
exercising their positions in unison would be, if it were to occur, it 
should be noted that even such an occurrence would not likely put the 
Trust under stress as economic incentives, would induce the creation of 
more shares through the ETF creation and redemption process. Further, 
given that the current global supply of Ethereum, the underlying asset 
of the Trust, is 120,392,960 \33\ coins and each Ethereum coin can 
currently be exchanged (Ethereum to USD and then USD to Trust shares) 
for 131.6 shares of the Trust another 15,843,979,598 shares of the 
Trust could be created by the underlying ETF. In addition, as of 
October 22, 2024, a 25,000 contract position limit for options on the 
Trust would represent less than 4.3524% of the outstanding shares of 
the Trust (2,500,000 (position limit exercise)/57,440,000 (shares 
outstanding of the Trust on October 22, 2024)) = 4.3524%.\34\ Also, as 
of October 22, 2024, a 25,000 contract position limit for options on 
the Trust would represent less than 0.01578% of the global supply of 
ether (2,500,000 (position limit exercise)/120,392,960 (number of 
ether) x 131.6 (Trust shares per ether)) = 0.01578%.
---------------------------------------------------------------------------

    \33\ This figure was acquired as of October 22, 2024. See 
<a href="https://www.ishares.com/us/products/337614/ishares-ethereum-trust-etf">https://www.ishares.com/us/products/337614/ishares-ethereum-trust-etf</a>. The global supply of ether grows each day ether are minted.
    \34\ See <a href="https://coinmarketcap.com/currencies/ethereum/">https://coinmarketcap.com/currencies/ethereum/</a>.
---------------------------------------------------------------------------

    Today, the Exchange has an adequate surveillance program in place 
for

[[Page 16302]]

options. The Exchange intends to apply those same program procedures to 
options on the Trust that it applies to the Exchange's other options 
products, including options on ETFs.\35\ The Exchange would also review 
activity in the underlying Trust when conducting surveillances for 
market abuse or manipulation in the options on the Trust. Additionally, 
the Exchange is a member of the Intermarket Surveillance Group 
(``ISG'') under the Intermarket Surveillance Group Agreement. ISG 
members work together to coordinate surveillance and investigative 
information sharing in the stock, options, and futures markets. As 
such, the Exchange would be able to obtain information regarding 
trading in shares of the Trust from their primary listing markets and 
from other markets that trade shares of the Trust through ISG. In 
addition, the Exchange has a Regulatory Services Agreement with the 
Financial Industry Regulatory Authority (``FINRA'') for certain market 
surveillance, investigation and examinations functions. Pursuant to a 
multi-party 17d-2 joint plan, all options exchanges allocate amongst 
themselves and FINRA responsibilities to conduct certain options-
related market surveillance that are common to rules of all options 
exchanges.\36\
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    \35\ The surveillance program includes surveillance patterns for 
price and volume movements as well as patterns for potential 
manipulation (e.g., spoofing and marking the close).
    \36\ Section 19(g)(1) of the Act, among other things, requires 
every self-regulatory organization (``SRO'') registered as a 
national securities exchange or national securities association to 
comply with the Act, the rules and regulations thereunder, and the 
SRO's own rules, and, absent reasonable justification or excuse, 
enforce compliance by its members and persons associated with its 
members. See 15 U.S.C. 78q(d)(1) and 17 CFR 240.17d-2. Section 
17(d)(1) of the Act allows the Commission to relieve an SRO of 
certain responsibilities with respect to members of the SRO who are 
also members of another SRO (``common members''). Specifically, 
Section 17(d)(1) allows the Commission to relieve an SRO of its 
responsibilities to: (i) receive regulatory reports from such 
members; (ii) examine such members for compliance with the Act and 
the rules and regulations thereunder, and the rules of the SRO; or 
(iii) carry out other specified regulatory responsibilities with 
respect to such members.
---------------------------------------------------------------------------

    The underlying shares of spot Ethereum ETPs, including the Trust, 
are also subject to safeguards related to addressing market abuse and 
manipulation. As the Commission stated in its order approving proposals 
of several exchanges to list and trade shares of spot Ethereum-based 
ETPs, including the Trust (``Ethereum ETP Approval Order''),\37\ 
``[e]ach Exchange has a comprehensive surveillance-sharing agreement 
with the [CME] via their common membership in ISG. This facilitates the 
sharing of information that is available to the CME through its 
surveillance of its markets, including its surveillance of the CME 
Ethereum futures market.'' \38\ The Exchange states that, given the 
consistently high correlation between the CME Ethereum futures market 
and the spot Ethereum market, as confirmed by the Commission through 
robust correlation analysis, the Commission was able to conclude that 
such surveillance sharing agreements could reasonably be ``expected to 
assist in surveilling for fraudulent and manipulative acts and 
practices in the specific context of the [Ethereum ETPs].'' \39\ In 
light of surveillance measures related to both options and futures as 
well as the underlying Trust,\40\ the Exchange believes that existing 
surveillance procedures are designed to deter and detect possible 
manipulative behavior which might potentially arise from listing and 
trading the proposed options on the Trust. Further, the Exchange will 
implement any new surveillance procedures it deems necessary to 
effectively monitor the trading of options on the Trust.
---------------------------------------------------------------------------

    \37\ See Securities Exchange Act Release No. 100224 (May 23, 
2024), 89 FR 46937, 46941 (May 30, 2024) (File Nos. SR-NYSEARCA-
2023-70; SR-NYSEARCA-2024-31; SR-NASDAQ-2023-045; SR-CboeBZX-2023-
069; SR-CboeBZX-2023-070; SR-CboeBZX-2023-087; SR-CboeBZX-2023-095; 
SR-CboeBZX-2024-018) (Order Granting Accelerated Approval of 
Proposed Rule Changes, as Modified by Amendments Thereto, To List 
and Trade Shares of Ether-Based Exchange-Traded Products).
    \38\ See Ethereum ETP Approval Order, at 46938 (footnotes 
excluded).
    \39\ See id.
    \40\ See id.
---------------------------------------------------------------------------

    Finally, quotation and last sale information for ETFs is available 
via the Consolidated Tape Association (``CTA'') high speed line. 
Quotation and last sale information for such securities is also 
available from the exchange on which such securities are listed. 
Quotation and last sale information for options on the Trust will be 
available via Options Price Reporting Authority (``OPRA'') and major 
market data vendors. The Exchange has also analyzed its capacity and 
represents that it believes BOX and OPRA have the necessary systems 
capacity to handle the additional traffic associated with the listing 
of new series that may result from the introduction of options on the 
Trust up to the number of expirations currently permissible under the 
Rules.
    The Exchange believes that offering options on the Trust will 
benefit investors by providing them with an additional, relatively 
lower cost investing tool to gain exposure to the price of Ethereum and 
hedging vehicle to meet their investment needs in connection with 
Ethereum -related products and positions. The Exchange expects 
investors will transact in options on the Trust in the unregulated 
over-the-counter (``OTC'') options market,\41\ but may prefer to trade 
such options in a listed environment to receive the benefits of trading 
listing options, including (1) enhanced efficiency in initiating and 
closing out positions; (2) increased market transparency; and (3) 
heightened contra-party creditworthiness due to the role of OCC as 
issuer and guarantor of all listed options. The Exchange believes that 
listing Trust options may cause investors to bring this liquidity to 
BOX, would increase market transparency and enhance the process of 
price discovery conducted on BOX through increased order flow. The ETFs 
that hold financial instruments, money market instruments, precious 
metal commodities, or Bitcoin on which BOX may already list and trade 
options are trusts structured in substantially the same manner as the 
Trust and essentially offer the same objectives and benefits to 
investors, just with respect to different assets. The Exchange notes 
that it has not identified any issues with the continued listing and 
trading of any ETF options, including ETFs that hold commodities (i.e., 
precious metals and Bitcoin) that it currently lists and trades on BOX. 
Finally, the Exchange notes that applicable Exchange rules will require 
that customers receive appropriate disclosure before trading options in 
the Trust.\42\ Further, brokers opening accounts and recommending 
options transactions must comply with relevant customer suitability 
standards.\43\
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    \41\ The Exchange understands from customers that investors have 
historically transacted in options on ETFs in the OTC options market 
if such options were not available for trading in a listed 
environment.
    \42\ See Rules 4020(b), (e) and 4100.
    \43\ See Rule 4040.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act \44\ in general, and Section 
6(b)(5) of the Act,\45\ in particular, in that it is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market

[[Page 16303]]

and a national market system, and, in general to protect investors and 
the public interest. Specifically, the Exchange believes that the 
proposal to list and trade options on the Trust will remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system and, in general, protect investors because offering 
options on the Trust will provide investors with a greater opportunity 
to realize the benefits of utilizing options on an ETF based on spot 
Ethereum, including cost efficiencies and increased hedging strategies. 
The Exchange believes that offering options on a competitively priced 
ETF based on spot Ethereum will benefit investors by providing them 
with an additional, relatively lower-cost risk management tool, 
allowing them to manage, more easily, their positions and associated 
risks in their portfolios in connection with exposure to spot Ethereum. 
Additionally, the Exchange's offering of Trust options will provide 
investors with the ability to transact in such options in a listed 
market environment as opposed to in the unregulated OTC options market, 
which would increase market transparency and enhance the process of 
price discovery conducted on BOX through increased order flow to the 
benefit of all investors. Today, BOX lists options on other commodity 
ETFs structured as a trust, which essentially offer the same objectives 
and benefits to investors, and for which the Exchange has not 
identified any issues with the continued listing and trading of options 
on those ETFs.
---------------------------------------------------------------------------

    \44\ 15 U.S.C. 78f(b).
    \45\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes the proposal to permit options on the 
Trust will remove impediments to and perfect the mechanism of a free 
and open market and a national market system, because options on the 
Trust will comply with current Exchange Rules. Options on the Trust 
must satisfy the initial listing standards and continued listing 
standards currently in the Rules, applicable to options on all ETFs, 
including options on other commodity ETFs already deemed appropriate 
for options trading on BOX pursuant to Rule 5020(h). Additionally, as 
demonstrated above, the Trust is characterized by a substantial number 
of shares that are widely held and actively traded. Further, Rules that 
currently govern the listing and trading of options on ETFs, including 
permissible expirations, strike prices, minimum increments, position 
and exercise limits (as proposed herein), and margin requirements, will 
govern the listing and trading of options on the Trust.
    The Exchange believes the proposed position and exercise limits are 
designed to prevent fraudulent and manipulative acts and practices and 
promote just and equitable principles of trade, as they are designed to 
address potential manipulative schemes and adverse market impacts 
surrounding the use of options, such as disrupting the market in the 
security underlying the options. The proposed position and exercise 
limits for options on each of the Trust are 25,000 contracts. These 
position and exercise limits are the lowest position and exercise 
limits available in the options industry, are extremely conservative 
and more than appropriate given the Trust's market capitalization, ADV, 
and high number of outstanding shares. The proposed position limit, and 
exercise limit, is consistent with the Act as it addresses concerns 
related to manipulation and protection of investors because, as 
demonstrated above, the position limit (and exercise limit) is 
extremely conservative and more than appropriate given the Trust is 
actively traded. In support of the proposed position and exercise 
limits for options on the Trust are 25,000 contracts, the Exchange is 
citing the in depth analysis ISE did in the ISE Approval Order. As 
noted above, in the ISE Approval Order, ISE considered the: (1) Trust's 
market capitalization and ADV, and proposed position limit in relation 
to other securities; (2) market capitalization of the entire Ethereum 
market in terms of exercise risk and availability of deliverables; (3) 
proposed position limit by comparing it to position limits for 
derivative products regulated by the CFTC; and (4) supply of Ethereum. 
Based on the Exchange's review of these analyses, the Exchange believes 
that setting position and exercise limits for options on the Trust at 
25,000 contracts is more than appropriate. The proposed position and 
exercise limits reasonably and appropriately balance the liquidity 
provisioning in the market against the prevention of manipulation. The 
Exchange believes these proposed limits are effectively designed to 
prevent an individual customer or entity from establishing options 
positions that could be used to manipulate the market of the underlying 
as well as the Ethereum market.\46\
---------------------------------------------------------------------------

    \46\ See Securities Exchange Act Release No. 39489 (December 24, 
1997), 63 FR 276 (January 5, 1998) (SR-CBOE-1997-11).
---------------------------------------------------------------------------

    The Exchange represents that it has the necessary systems capacity 
to support the new Trust options. As discussed above, the Exchange 
believes that its existing surveillance and reporting safeguards are 
designed to deter and detect possible manipulative behavior which might 
arise from listing and trading ETFs, including Trust options. The 
Exchange's existing surveillance and reporting safeguards are designed 
to deter and detect possible manipulative behavior which might arise 
from listing and trading options on ETFs and ETPs, such as (existing) 
precious metal-commodity backed ETP options as well as the proposed 
options on the Trust. The Exchange believes that its surveillance 
procedures are adequate to properly monitor the trading of options on 
the Trust in all trading sessions and to deter and detect violations of 
Exchange rules. Specifically, the Exchange's market surveillance staff 
will have access to surveillances that it conducts, and that FINRA 
conducts on its behalf, with respect to the Trust and, as appropriate, 
would review activity in the underlying Fund when conducting 
surveillances for market abuse or manipulation in the options on the 
Trust. Additionally, the Exchange is a member of the ISG under the 
Intermarket Surveillance Group Agreement. ISG members work together to 
coordinate surveillance and investigative information sharing in the 
stock, options, and futures markets. In addition, the Exchange has a 
Regulatory Services Agreement with the FINRA and as noted herein, 
pursuant to a multi-party 17d-2 joint plan, all options exchanges 
allocate regulatory responsibilities to FINRA to conduct certain 
options-related market surveillances. Further, the Exchange will 
implement any new surveillance procedures it deems necessary to 
effectively monitor the trading of options on the Trust.
    The underlying shares of spot Ethereum ETPs, including the Trust, 
are also subject to safeguards related to addressing market abuse and 
manipulation. As the Commission stated in its order approving proposals 
of several exchanges to list and trade shares of spot Ethereum-based 
ETPs, ``[e]ach Exchange has a comprehensive surveillance-sharing 
agreement with the CME via their common membership in the Intermarket 
Surveillance Group. This facilitates the sharing of information that is 
available to the CME through its surveillance of its markets, including 
its surveillance of the CME ether futures market.'' \47\ The Exchange 
states that, given the consistently high correlation between the CME 
Ethereum futures market and the spot Ethereum market, as confirmed by 
the

[[Page 16304]]

Commission through robust correlation analysis, the Commission was able 
to conclude that such surveillance sharing agreements could reasonably 
be ``expected to assist in surveilling for fraudulent and manipulative 
acts and practices in the specific context of the [Ether ETPs].'' \48\ 
In light of the foregoing, the Exchange believes that existing 
surveillance procedures are designed to deter and detect possible 
manipulative behavior which might potentially arise from listing and 
trading the proposed options on the Trust. Further, the Exchange will 
implement any new surveillance procedures it deems necessary to 
effectively monitor the trading of options on Ethereum ETPs.
---------------------------------------------------------------------------

    \47\ See Ethereum ETP Approval Order, 89 FR at 46938.
    \48\ See Ethereum ETP Approval Order, 89 FR at 46941.
---------------------------------------------------------------------------

    The Exchange believes the proposed rule change to exclude the Trust 
from being eligible for trading as FLEX Equity Options is consistent 
with the Act, because without this prohibition, trading a FLEX Equity 
Option in the Trust would otherwise establish different position and 
exercise limits than those proposed herein.\49\
---------------------------------------------------------------------------

    \49\ The Exchange may submit a separate rule filing that would 
permit the Exchange to authorize for trading FLEX Equity Options on 
the Trust (which filing may propose changes to existing FLEX Equity 
Option position limits for such options if appropriate).
---------------------------------------------------------------------------

    Finally, the Exchange notes that this proposal will remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system and, in general, protect investors because 
applicable Exchange rules will require that customers receive 
appropriate disclosure before trading options in the Trust \50\ and 
will require that brokers opening accounts and recommending options 
transactions must comply with relevant customer suitability 
standards.\51\
---------------------------------------------------------------------------

    \50\ See Rules 4020(b), (e) and 4100.
    \51\ See Rule 4040.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. In this regard and as indicated 
above, the Exchange notes that the rule change is being proposed as a 
competitive response to a filing submitted by ISE that was recently 
approved by the Commission.\52\
---------------------------------------------------------------------------

    \52\ See supra note 3.
---------------------------------------------------------------------------

    The Exchange does not believe that the proposed rule change will 
impose any burden on intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act as Trust options 
will be equally available to all market participants who wish to trade 
such options and will trade generally in the same manner as other 
options. The Rules that currently apply to the listing and trading of 
all ETF options on BOX, including, for example, Rules that govern 
listing criteria, expirations, exercise prices, minimum increments, 
margin requirements, customer accounts, and trading halt procedures 
will apply to the listing and trading of the Trust options on BOX in 
the same manner as they apply to other options on all other ETFs that 
are listed and traded on BOX. Also, and as stated above, BOX already 
lists options on other commodity-based ETFs (including Bitcoin-
based).\53\ Further, the Trust would need to satisfy the maintenance 
listing standards set forth in the Exchange Rules in the same manner as 
any other ETF for BOX to continue listing options on them.
---------------------------------------------------------------------------

    \53\ See Rule 5020(h).
---------------------------------------------------------------------------

    The Exchange does not believe that the proposal to list and trade 
options on the Trust will impose any burden on intermarket competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Act. To the extent that the advent of the Trust options trading on 
BOX may make BOX a more attractive marketplace to market participants 
at other exchanges, such market participants are free to elect to 
become market participants on BOX. The Exchange notes that listing and 
trading Trust options on BOX will subject such options to transparent 
exchange-based rules as well as price discovery and liquidity, as 
opposed to alternatively trading such options in the OTC market. The 
Exchange believes that the proposed rule change may relieve any burden 
on, or otherwise promote, competition, as it is designed to increase 
competition for order flow on BOX in a manner that is beneficial to 
investors by providing them with a lower-cost option to hedge their 
investment portfolios. The Exchange notes that it operates in a highly 
competitive market in which market participants can readily direct 
order flow to competing venues that offer similar products. Ultimately, 
the Exchange believes that offering Trust options for trading on BOX 
will promote competition by providing investors with an additional, 
relatively low-cost means to hedge their portfolios and meet their 
investment needs in connection with Ethereum prices and Ethereum-
related products and positions on a listed options exchange.
    The proposed rule change to exclude options on the Trust from being 
eligible for trading as FLEX Equity Options does not impose an undue 
burden on intermarket competition because discussions with the 
Commission regarding appropriate position limits for ETF options are 
ongoing. Finally, the proposed rule change to exclude options on the 
Trust from being eligible for trading as FLEX Equity Options does not 
impose an undue burden on intramarket competition because no BOX 
Participant will be allowed to transact a FLEX Equity Option on the 
Trust.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the Act \54\ and Rule 19b-4(f)(6) thereunder.\55\ 
Because the foregoing proposed rule change does not: (i) significantly 
affect the protection of investors or the public interest; (ii) impose 
any significant burden on competition; and (iii) become operative for 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, it has become effective pursuant to 
Section 19(b)(3)(A)(iii) of the Act \56\ and subparagraph (f)(6) of 
Rule 19b-4 thereunder.\57\
---------------------------------------------------------------------------

    \54\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \55\ 17 CFR 240.19b-4(f)(6).
    \56\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \57\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Commission has waived the pre-filing requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \58\ under the 
Act does not normally become operative prior to 30 days after the date 
of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),\59\ the 
Commission may designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has requested that the Commission waive the 30-day operative delay so 
that the proposal may become operative immediately upon filing. The 
Commission previously approved the listing of options on the iShares

[[Page 16305]]

Ethereum Trust.\60\ The Exchange has provided information regarding the 
underlying iShares Ethereum Trust, including, among other things, 
information regarding trading volume, the number of shareholders, and 
the market capitalization of the iShares Ethereum Trust. The proposal 
also establishes position and exercise limits for options on the 
iShares Ethereum Trust and provides information regarding the 
surveillance procedures that will apply to iShares Ethereum Trust 
options. The Commission believes that waiver of the operative delay 
could benefit investors by providing an additional venue for trading 
iShares Ethereum Trust options. Therefore, the Commission believes that 
waiver of the 30-day operative delay is consistent with the protection 
of investors and the public interest. Accordingly, the Commission 
hereby waives the 30-day operative delay and designates the proposed 
rule change as operative upon filing.\61\
---------------------------------------------------------------------------

    \58\ 17 CFR 240.19b-4(f)(6).
    \59\ 17 CFR 240.19b-4(f)(6)(iii).
    \60\ See ISE Approval Order, supra note 3.
    \61\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

    <bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#b6c4c3dad39bd5d9dbdbd3d8c2c5f6c5d3d598d1d9c0"><span class="__cf_email__" data-cfemail="0674736a632b65696b6b636872754675636528616970">[email&#160;protected]</span></a>. Please include 
file number
    SR-BOX-2025-08 on the subject line.

Paper Comments

    <bullet> Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to file number SR-BOX-2025-08. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for website viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE, 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. Copies of the filing also will be available for 
inspection and copying at the principal office of the Exchange. Do not 
include personal identifiable information in submissions; you should 
submit only information that you wish to make available publicly. We 
may redact in part or withhold entirely from publication submitted 
material that is obscene or subject to copyright protection. All 
submissions should refer to file number SR-BOX-2025-08 and should be 
submitted on or before May 8, 2025.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\62\
---------------------------------------------------------------------------

    \62\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-06506 Filed 4-16-25; 8:45 am]
BILLING CODE 8011-01-P


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